Legal Question in Wills and Trusts in Maryland
Property in my name, Joint accounts in my name, can they be challenged?
Father was moving to NV, built the house next door to mine (in NV).Paid off my mortgage, his name not on it, his name not on the new house (mine is, with my husband), and left me joint CD's and accounts in his name and mine. Brother got some stuff and cash on my fathers death, but not as much as me. Father wanted it that way. (Father was a lawyer). Brother mad. Can he challenge me even though the property was not in my fathers name? Can he challange the CD'S? (Cash). Accounts in Maryland, property in NV. Accounts not part of estate.
1 Answer from Attorneys
Re: Property in my name, Joint accounts in my name, can they be challenged?
Yes, anything can be challenged these days.
You are only likely to have a problem if the
brother can prove fraud, mistake, duress or
undue influence. It would be helpful if your
father left something in writing which indicates
that he intended an unequal distribution. I hope
your family finds peace with this situation.
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